About Healthcare Liability/Damages

Our nation's healthcare system is in crisis. An increase in the number of lawsuits filed and a rise in jury awards against healthcare professionals and organizations in the past decade have sent malpractice insurance premiums and overall healthcare costs soaring.

Medical malpractice tort costs is the largest area of growth among U.S. tort costs, totaling $28.7 billion in 2004 and rising an average of 11.7 percent annually since 1975 (compared to a 9 percent increase for all other tort costs).

While frequently the outrageous cost impacts of medical malpractice lawsuits are the focus of attention, another cause for concern is the questionable nature of many of these claims. A study from the Harvard School of Public Health found that as many as 40 percent of medical malpractice lawsuits they reviewed were groundless, meaning the study found no evidence that a medical error was committed or that the patient suffered any injury.

Trial Lawyer TV Ads for Medical Malpractice Lawsuits Grew 1,400 Percent in Last Four Years, Study Shows

Television advertisements soliciting plaintiffs for medical malpractice lawsuits increased from about 10,150 ads in 2004 to more than 156,000 ads in 2008—nearly a 1,400 percent increase in four years, according to a new study being released Tuesday. The study showed that spending for these ads increased from $3.8 million to nearly $62 million during this time period—a 1,300 percent increase in 2008-adjusted dollars.

Read the press release

Study Findings (PDF)

Study Methodology (PDF)